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HHS Delays Quarterly Reporting for Provider Relief Funds

Client Alert
June 19, 2020

There is good news for providers that received either (1) General Distributions from the HHS Provider Relief Funds, or (2) Targeted Distributions from the HHS Provider Relief Funds. HHS reversed its stance requiring quarterly reports for providers that received Provider Relief Funds and PPP loan monies. The initial quarterly reports would have been due by July 10, 2020. However, on June 13, 2020, HHS delayed the quarterly reporting requirement.

In its posting, HHS stated that it is still working on developing a report that will contain all of the necessary information that is required under the CARES Act in order to comply with the reporting requirements. HHS is keeping track of the providers that have attested to receipt of the funds and will notify these providers of due dates and required reports in the next few weeks.

As a reminder, all providers that received General Distributions or Targeted Distributions should adopt a policy as part of its Compliance Program to proactively demonstrate compliance with 45 C.F.R. §75.302 and 75.361-365 as well as the applicable Terms and Conditions published by HHS.

For more information, please contact Amanda L. Waesch at 330-253-9185 or alwaesch@bmdllc.com.

HHSQuarterly ReportingProvider Relief FundsTargeted DistributionsPPP LoanAmanda L. WaeschHealthcare Providers
Client Alert

HHS Announces an Additional $20 Billion In Provider Relief Grants

October 5, 2020The U.S. Department of Health and Human Services (“HHS”) announced an additional $20 billion in new funding for providers on October 1, 2020. Eligible providers include those that have already received Provider Relief Fund payments as well as previously ineligible providers, such as those who began practicing in 2020, and an expanded group of behavioral health providers confronting the emergence of increased mental health and substance use issues exacerbated by the pandemic. The new Phase 3 General Distribution is designed to balance an equitable payment of 2% of annual revenue from patient care for all applicants plus an add-on payment to account for revenue losses and expenses attributable to COVID-19.Client Alert

DOL Proposes New Rule Regarding Independent Contractor Status - But How Will the Election Affect Its Future?

September 24, 2020On September 22, 2020, the U.S. Department of Labor announced a new proposed rule regarding employee and independent contractor status under the Fair Labor Standards Act. The full text of the proposed rule is available here. The rule's drafters intend to reduce uncertainty and enhance the precision and predictability of the long-standing "economic reality" test, which currently relies on a multifactor balancing test.Client Alert

Major Change to Franklin County, Ohio Eviction Process: Landlord Testimony Required

September 23, 2020Although there is currently a nationwide temporary halt on all residential evictions through December 31, 2020 in place, the eviction process in Franklin County – which processes the highest number of evictions in the State of Ohio at approximately 18,000 a year – recently changed significantly.Client Alert

UPDATE: Governor Dewine Signs HB 606 Granting Short Window of Immunity from COVID-19 Personal Injury Lawsuits

September 15, 2020The Ohio General Assembly, in Am. Sub. H.B. No. 606, is in the final stages of passing a law that will prohibit lawsuits seeking damages from COVID-19. This includes injury, death, or loss to person or property if the lawsuits are based, in whole or in part, on the exposure to, or the transmission or contraction of the coronavirus, unless the defendant in the lawsuit acted intentionally or recklessly. In circumstances where this immunity does not apply, H.B. 606 prohibits such claims being aggregated and brought as a class action.Client Alert

Revised Department of Labor FFCRA Guidance, Effective September 16, 2020

September 14, 2020In response to attacks on the legality of the Department of Labor’s (“DOL”) Final Rule regarding the Families First Coronavirus Act (“FFCRA” or the “Act”), which took effect in April 2020, the Department of Labor issued new guidance on Friday, September 11th to formally address ongoing questions and concerns related to the COVID-19 legislation.
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